Establishment and Jurisdiction of Family Courts

State policies and purpose

The State must protect the rights and promote the welfare of children in keeping with the Constitution and the United Nations Convention on the Rights of the Child (Section 2).
The State must provide a system of adjudication for youthful offenders that takes into account their peculiar circumstances (Section 2).
The State recognizes the sanctity of family life and must protect and strengthen the family as a basic autonomous social institution (Section 2).
Courts must preserve family solidarity, provide procedures for reconciliation of spouses, and promote amicable settlement of family controversy (Section 2).

Creation and location of family courts

A family court must be established in every province and city in the country (Section 3).
If the city is the capital of the province, the family court must be established in the municipality with the highest population (Section 3).

Qualifications and training of judges

No person may be appointed Regional Trial Judge or Presiding Judge of a family court unless he is a natural-born citizen of the Philippines, at least thirty-five (35) years of age, and has, for at least ten (10) years, been engaged in the practice of law in the Philippines or held a public office requiring admission to the practice of law (Section 4, amending Section 15(a) of Batas Pambansa Blg. 129).
Family court judges and court personnel must undergo training and must have experience and demonstrated ability in dealing with child and family cases (Section 4, amending Section 15(b)).
The Supreme Court must provide a continuing education program on child and family laws, procedure, and other related disciplines for judges and personnel of family courts (Section 4, amending Section 15(b)).

Exclusive original jurisdiction

Family courts have exclusive original jurisdiction to hear and decide the following cases (Section 5):
- Criminal cases where one or more accused is below eighteen (18) years of age but not less than nine (9) years of age, or where one or more victims is a minor at the time of the commission of the offense, with these effects:
  - If the minor is found guilty, the court must promulgate sentence and ascertain any civil liability incurred by the accused.
  - The sentence must be suspended without need of application pursuant to Presidential Decree No. 603 (the Child and Youth Welfare Code) (Section 5).
- Petitions for guardianship, custody of children, and habeas corpus in relation to the latter (Section 5).
- Petitions for adoption of children and petitions for revocation of adoption (Section 5).
- Complaints for annulment of marriage, declaration of nullity of marriage, matters relating to marital status and property relations of husband and wife (including those living together under different status and agreements), and petitions for dissolution of conjugal partnership of gains (Section 5).
- Petitions for support and/or acknowledgment (Section 5).
- Summary judicial proceedings under Executive Order No. 209 (the Family Code of the Philippines) (Section 5).
- Petitions for declaration of status of children as abandoned, dependent or neglected, petitions for voluntary or involuntary commitment of children, and petitions involving:
  - the suspension, termination, or restoration of parental authority and other cases cognizable under Presidential Decree No. 603, Executive Order No. 56 (Series of 1986), and other related laws (Section 5).
- Petitions for the constitution of the family home (Section 5).
- Cases against minors cognizable under the Dangerous Drugs Act, as amended (Section 5).
- Violations of Republic Act No. 7610 (the Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act), as amended by Republic Act No. 7658 (Section 5).
- Cases of domestic violence against:
  - Women for acts of gender-based violence that result, or are likely to result, in physical, sexual, or psychological harm or suffering to women, including physical abuse such as battering or threats and coercion that violate a woman’s personhood, integrity, and freedom of movement (Section 5); and
  - Children, which include acts in the commission of all forms of abuse, neglect, cruelty, exploitation, violence, and discrimination and all other conditions prejudicial to their development (Section 5).
If an act constitutes a criminal offense, the accused or batterer must be subject to criminal proceedings and corresponding penalties (Section 5).
If a question involving the above matters arises as an incident in a case pending in regular courts, that incident must be determined in that court (Section 5).

Court income use and guidelines

Family courts may use ten percent (10%) of their income derived from filing and other court fees under Rule 141 of the Rules of Court for research and other operating expenses, including capital outlay (Section 6).
The benefit in Section 6 must also be enjoyed by all courts of justice (Section 6).
The Supreme Court must promulgate necessary guidelines to implement Section 6 effectively (Section 6).

Special provisional remedies and interim orders

In cases of violence among immediate family members living in the same domicile or household, the family court may issue a restraining order upon a verified application by the complainant or the victim for relief from abuse (Section 7).
The court may order temporary custody of children in all civil actions for their custody (Section 7).
The court may order support pendente lite, including:
- deduction from the salary; and
- use of conjugal home and other properties
  in all civil actions for support (Section 7).

Youth detention home supervision

The family court judge must have direct control and supervision of the youth detention home established by the local government unit to separate youth offenders from adult criminals (Section 8).
Alternatives to detention and institutional care must be made available, including counseling, recognizance, bail, community continuum, or diversions from the justice system (Section 8).
Human rights of the accused must be fully respected in a manner appropriate to their well-being (Section 8).

Social Services and Counseling Division (SSCD)

Under guidance of the Department of Social Welfare and Development (DSWD), a Social Services and Counseling Division (SSCD) must be established in each judicial region as the Supreme Court deems necessary based on the number of juvenile and family cases in that jurisdiction (Section 9).
The SSCD must provide appropriate social services to all juvenile and family cases filed with the court and recommend the proper social action (Section 9).
The SSCD must develop programs, formulate uniform policies and procedures, and provide technical supervision and monitoring of all SSCDs in coordination with the judge (Section 9).

SSCD staffing and adviser position

The SSCD must be staffed with qualified social workers and other personnel with academic preparation in behavioral sciences to perform intake assessment, social case studies, casework and counseling, and other social services needed for cases filed with the court (Section 10).
In adoption cases and petitions for declaration of abandonment, case studies may be prepared by social workers of duly licensed child caring or child placement agencies, or by the DSWD (Section 10).
When warranted, the division must recommend that the court avail itself of consultative services of psychiatrists, psychologists, and other qualified specialists employed in other government departments in connection with cases (Section 10).
The position of Social Work Adviser must be created under the office of the Court Administrator to monitor and supervise the SSCD of the Regional Trial Court (Section 10).

Alternative social services in covered areas

In accordance with Section 17, where no family court has been established or no regional trial court was designated by the Supreme Court due to limited number of cases, the DSWD must designate and assign qualified, trained, and DSWD accredited social workers of local government units to handle juvenile and family cases filed in the designated regional trial court (Section 11).

Privacy and confidentiality in proceedings

Hearings and conciliation in child and family cases must be handled consistent with promotion of the child’s and family’s dignity and worth and must respect their privacy at all stages of the proceedings (Section 12).
Records of the cases must be dealt with utmost confidentiality (Section 12).
The identity of parties must not be divulged unless necessary and with authority of the judge (Section 12).

Special rules, transfers, and best interests

The Supreme Court must promulgate special rules of procedure for:
- transfer of cases to the new courts during the transition period; and
- disposition of family cases with the best interests of the child and protection of the family as primary consideration, taking into account the United Nations Convention on the Rights of the Child (Section 13).

Appeals

Decisions and orders of the family court must be appealed in the same manner and subject to the same conditions as appeals from ordinary regional trial courts (Section 14).

Appropriations and implementing rules

The amount necessary to carry out Republic Act No. 8369 must be included in the General Appropriations Act of the year following enactment into law and thereafter (Section 15).
The Supreme Court, in coordination with the DSWD, must formulate necessary rules and regulations for effective implementation of the social aspects of the Act (Section 16).

Transition provisions on case assignment

Pending establishment of family courts, the Supreme Court must designate, from among branches of the regional trial court, at least one family court in each of the cities of:
- Manila, Quezon, Pasay, Caloocan, Makati, Pasig, Mandaluyong, Muntinlupa, Laoag, Baguio, Santiago, Dagupan, Olongapo, Cabanatuan, San Jose, Angeles, Cavite, Batangas, Lucena, Naga, Iriga, Legazpi, Roxas, Iloilo, Bacolod, Dumaguete, Tacloban, Cebu, Mandaue, Tagbilaran, Surigao, Butuan, Cagayan de Oro, Davao, General Santos, Oroquieta, Ozamiz, Dipolog, Zamboanga, Pagadian, and Iligan, and in such other places as the Supreme Court may deem necessary (Section 17).
Additional cases beyond those provided in Section 5 may be assigned to family courts when dockets permit, but additional cases must not be heard on the same day as family cases (Section 17).
In areas with no family courts, cases referred to in Section 5 must be adjudicated by the regional trial court (Section 17).

Separability, repeal, and general effect

If any provision is declared unconstitutional, the remaining provisions must remain in effect (Section 18).
All other laws, decrees, executive orders, rules, or regulations inconsistent with Republic Act No. 8369 must be repealed, amended, or modified accordingly (Section 19).